Bonum Certa Men Certa

The Court of Appeals for the Federal Circuit (CAFC) 'Disses' Iancu's Guidance on 35 U.S.C. €§ 101, Sides With the Supreme Court (Alice) and Caselaw

Andrei Iancu dissed
35 U.S.C. €§ 101/Alice (SCOTUS) as seen by CAFC is, as expected, a ‘scary monster story’ to Donald Trump's man



Summary: The high court that decides on patents (CAFC) has just let it be known that it won't bother with Andrei Iancu's little stunt whose sole purpose is to facilitate granting of more fake patents, such as software patents (by circumventing €§ 101)

THE U.S. Patent and Trademark Office (USPTO) under deplorable Andrei Iancu arrogantly chooses not to obey the Federal Circuit. Yes, it's similar to Battistelli at the EPO, but that's a separate matter (for our next post). Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) are besieged, but they carry on. Unified Patent has just announced the hiring of several more people, who certainly will deal with IPRs. IPRs are the law, they're protected by SCOTUS, and are an integral part of AIA.



"Kalis and others in the patent extremists' 'community' nowadays have a new strategy: claiming CAFC is 'fed up' with €§ 101."What's noteworthy is that, as Professor Lemley has just noted, 'Fed Cir makes clear that PTO guidelines on patent eligibility don't get any deference in court: "While we greatly respect the PTO’s expertise on all matters relating to patentability, including patent eligibility, we are not bound by its guidance."'

This is the source document [PDF] and the screenshot is included at the top.

This is especially worth noting because Janal Kalis, a vocal patent maximalist, has cherry-picked another bit to frame it differently. He's trying to claim that CAFC is dissenting against 35 U.S.C. €§ 101, based on almost nothing (maybe a sentence from one judge). Kalis and others in the patent extremists' 'community' nowadays have a new strategy: claiming CAFC is 'fed up' with €§ 101. This is hardly supported by any evidence, however, but rather an incident or two, maybe a few words in some text. Like Judge Moore's statement last year (about intervention at another, unspecified level, as we covered at the time).

"They cherry-picked a decision or two."What CAFC actually did say is rather damning; they tacitly note that Iancu is defying caselaw for the sake of software patents and patent trolls who use these for blackmail. We don't expect Iancu's stunt to really change anything; consider the fact that the vast majority comments the Office has received oppose his proposal. Meanwhile, Bill Abrams at Watchtroll says €§ 101 is wrong because he doesn't like it ("Request for Amici: Tell the Supreme Court to Clarify Section 101"). There's nothing to clarify, Alice already did just that. Mayo did too. But the patent microcosm is losing its mind and looking for reprieve. Another new Watchtroll blurb is not supported by evidence ("Recent Cases Show Federal Circuit Is Concerned About ‘Over Abstracting’ Rejections of Method/ Process Patents"). No, not really. They cherry-picked a decision or two. We still watch this stuff closely, we've put some recent case outcomes in our daily links, and what Watchtroll says isn't supported by evidence. They cherry-pick what suits them. Speaking of cherry-pickers, in our last daily links we included a short rebuttal to Anticipat, which shifted attention from IPRs to mere patent applications so as to frame things misleadingly -- the same thing Kalis does a lot. We're not really supposed to be covering US patent cases this year, but this one was particularly worth noting and there was a lot to debunk.

Recent Techrights' Posts

Rewriting Things in Rust
How far would you go?
What Microsoft Reputation Laundering (With a Weaponised Law Degree) Looks Like in a Foreign Continent
You would expect this in uncivilised and primitive countries
Slopwatch: LLMs 'Write' Fake or Distorted 'News' About "Linux"
LLM slop disguised as news
 
Linux Foundation Apparently Flirting With Slop (Marketing by LLM-Generated SPAM)
The Web is in a really bad state!
COVID-19 Sped Up Site Improvements in Techrights
A few months later we created our very own IRC network
Gemini Links 05/07/2025: Negative Questions and 'Touching Grass' (Going Outside)
Links for the day
Links 05/07/2025: Dalai Lama Succession as 90th Birthday Approaches, 40 deg C in China
Links for the day
Links 05/07/2025: Hungary and US Defecting to Russia, "Google's Hotseat Hypocrisy"
Links for the day
Gemini Links 05/07/2025: 4th of July 2025 and "Zig Roadmap 2026"
Links for the day
How to Combat the Exploitation and Abuse by Microsoft GitHub
Not to mention corruption and crimes against women
Bryan Lunduke is Actually Sending His Audience to Attack People
"[Lunduke] is actually sending his audience to attack people."
Even The Right Wing is Rejecting Bryan Lunduke
no wonder he became so irrelevant and marginal
Microsoft's MSN Helps Microsoft Spread Lies About the Layoffs' Scale (Well Over 25,000 People Laid Off This Year)
There seem to be monopolies on lies and on truth
The Death of X Has Been Greatly Exaggerated (by Compromised Media)
X.Org Server is alive and well
In 2025 Everything is "AI". Remember Blockchains?
Talk about what companies and things (services, products, software) actually do, not the labels they use
Julian Assange Has Been Free for a Year
Julian Assange and I disagreed on some things
Monopolies and Scalping
Monopolies gravitate towards price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 04, 2025
IRC logs for Friday, July 04, 2025
Microsoft's August Layoffs Wave: "August is Confirmed for Additional Performance Based Cuts"
"August is confirmed for additional performance based cuts from the recent connects along with additional organizational cuts."
Links 04/07/2025: Google Replaces the Web With Slop, "AI Might Kill Us All"
Links for the day
Gemini Links 04/07/2025: Mindfulness and F1
Links for the day
Weeks After Microsoft Bankruptcy in Russia the Company Shuts Down in Pakistan, Too
Last month Windows' share in Pakistan fell to an all-time low
Rob Musial's June 2025 Additions of Malware in Proprietary Software
Via the GNU Web site this week
Links 04/07/2025: Microsoft's H-1B Visa Applications Show Another Crisis Unfolding, Many More Deep Cuts and Shutdowns Revealed, Complete Microsoft Exits
Links for the day
Gemini Links 04/07/2025: A Day To Remember and "Stop Killing Games"
Links for the day
Crime and Corruption at Microsoft GitHub Cannot be Covered Up by SLAPPs in Another Continent
We'll write about this for a long time to come
Slop Videos Are Disappointing Garbage, Nothing New, Just Brute Force up on Display or a Pedestal of Slop
Slop videos aren't a new thing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 03, 2025
IRC logs for Thursday, July 03, 2025
The War on Local Storage (People Hosting Their Files Locally and Privately)
There's nothing wrong with controlling one's computing
What Digital Independence Means
Independence in the digital realms means abandoning platforms like GitHub, not just rejecting proprietary software
NVidia is a Bubble
they temporarily see fortunes and wrongly assume perpetuity thereof
Fedora Does Not Care About Diversity and Inclusion, It's About Optics (Corporate Image)
any notion of inclusion is superficial and misleading
Don't Buy the Excuses for Microsoft's Mass Layoffs
Back in the 90s, Microsoft bought a lot of companies to get and stay ahead
Happy Independence Day to Our American Readers
Maybe tomorrow will be a good opportunity to explain to American people - in terms of concepts, not brands - which tools respect their independence
Slopwatch: Linux Journal, Linuxsecurity, and Google News Getting Even Worse (More Slopfarms Added Which Attack Linux With Bruce-Force SPAM)
Google News is part of the same problem
Links 03/07/2025: More Cuts and Cancellations at Microsoft Revealed
Links for the day
Gemini Links 03/07/2025: Favourite Child and Launching WikiGem
Links for the day
GNU/Linux is Replacing Microsoft Windows. But We Need to Eradicate Microsoft, It's a Hub of Crime.
I have been writing about Microsoft since the 1990s when I was in school
Mystery Surrounding the PCLinuxOS Sites and PCLinuxOS Magazine
Let's hope this isn't something major
People and Companies Do Learn Some Lessons From Their Mistakes (Stubborn Ones Don't)
Brett Wilson LLP is an example of one that would rather drown in mistakes
Links 03/07/2025: 'Hey Hi' Slop Ridiculed Some More and Microsoft's Layoffs Tally for 2025 Reaches About 29,000 in Just 6 Months (Almost 5,000 Per Month)
Links for the day
Microsoft Staff Harassing Women, Strangling Women, Telling Women to Kill Themselves and Worse? Not a Problem!
Two women have left Brett Wilson LLP
The Slopfarms Are Losing the Plot (and Google is Propping Up Rogue Sites)
Google is part of the attack on the Web, on information, and on technology
New BetaNews Realises There's No Potential or Future in Slopfarms, Prior Editor Wayne Williams is Back
They realise that slop (so-called "AI") cannot replace humans
Claims That Microsoft Looks for Staff That Works More and Gets Paid Less (or Can Only Code by Grabbing Other People's Code, Under the Guise of "AI")
People can form their own opinion
Richard Stallman Was Right About Reasons Not to Use Microsoft
last updated 2017
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 02, 2025
IRC logs for Wednesday, July 02, 2025
Gemini Links 03/07/2025: No to Cloudflare and Small Web July
Links for the day